Thread: TN: Poster Child for 287(g) enforcement

Prominent arrests shine spotlight on 287(g) program

Nate Rau, nrau@nashvillecitypaper.com
Posted: Monday, July 28, 2008 1:36 am

Prominent arrests shine spotlight on 287(g) program | 287(g), Manuel Garcia Delgado, Tom Davis, Tennessee Immigrant and Refugee Rights Coalition, Stephen Fotopulos, Juana Villegas DeLaPaz, Tim Coleman

Instructions on a jail phone in Spanish are hardly a welcome sight for non-English speaking detainees, but it is a sign of the times for the city and its illegal immigrant population. Matthew Williams/The City Paper
One was a woman on the brink of giving birth to her fourth American child. The other was an ex-convict with over 20 arrests for various burglaries, gun possession and drug-related charges.

Both were arrested by local police officers this month for misdemeanor crimes that usually lead only to citations. Instead, both were taken to the county jail, where the Davidson County Sheriff’s Office discovered they were illegal immigrants through the implementation of a program called 287(g).

Initiated in April of last year, the 287(g) program allows the sheriff’s office to check an individual’s immigration status once they are brought to county lock-up.

Now, both individuals are facing deportation. In the meantime, advocates for and against the much-debated 287(g) program are ratcheting up their rhetoric.

287(g) Poster Child

Manuel Garcia Delgado was arrested by Metro Police on a misdemeanor trespassing charge earlier this month. When he was taken into sheriff’s office custody, it was discovered he had a shockingly long list of convictions.

Among them were charges for gun possession, burglary and several drug-related crimes. In addition, Delgado, an illegal immigrant, had been deported five times already.

Tom Davis, the director of immigration enforcement for the Sheriff’s Office, said Delgado is the “poster childâ€

Stephen and his group, TIRRC, link to LaRaza on their site. They work to defeat every bill that would protect Tennesseans from illegal immigration. The TIRRC is clueless to the reality of illegal immigration on the lives of American citizens, as are all open borders lobbying groups.

From their website:

The 2008 TN legislative session is over!!
Number of pro-immigrant bills passed: 1 (of 1 proposed)
Number of anti-immigrant bills passed: 0 (of 65 proposed)

http://www.tnimmigrant.org/

Our Voice, Our Vote


Our Voice, Our Vote
TIRRC is proud to announce this historic, immigrant-led civic engagement initiative. Diverse community groups throughout the state are joining together to make the immigrant and refugee voice heard during the 2008 election. We will register thousands of new immigrant and refugee voters, hold exciting events to educate communities about the political process and this year’s campaign issues, and train volunteers in electoral organizing.

This election is our opportunity to stand up and be counted. It is a decisive moment for us to demonstrate the power of the New American community through our presence at the polls. Important decisions are being made that are affecting our communities. Through Our Voice, Our Vote, we will claim our place at the table and make our issues heard. Our participation will strengthen our nation’s democracy.

For volunteer opportunities click here.

The success of our campaign depends on your involvement, whether you can vote or not. Join us in this historic effort! Check out our volunteer page to find out more about all the ways you can help.

Join this campaign and be part of making the changes that our communities need by contacting Amelia Post at amelia@tnimmigrant.org or 615-833-0384.


* * * Reasons to vote in 2008!!! * * *

*When you vote, you make important decisions for the country, the state of Tennessee, and the city of Nashville.

*Politicians know that the immigrant vote can decide this year's election, so people all over the country are watching to see who shows up. We can demonstrate our power through our participation.

*Are you happy with schools in Nashville? By voting for our school board or other local officials, we can create better schools for our children.

*So many people in our communities are not able to vote. We have a responsibility to vote for those who can’t. As others struggle to be counted, those who can vote should exercise this privilege.

*Decisions are being made, with or without us. By voting we can affect those decisions and create better outcomes!

*Mayor Karl Dean won the election against his opponent Bob Clement by about 20 votes per precinct. Karl Dean and Bob Clement had very different plans for the immigrant and refugee community. EVERY vote matters! YOUR vote counts!

*We can use the power of the ballot box to change the way our country works. Don't like the system? Then vote to change it!

*We need healthy communities. Vote to achieve better healthcare for all of us.

*In 2009 we will fight for comprehensive immigration reform. We need politicians who will fight with us.

*Many of us have family and friends in other countries. We can decide how our government interacts with other nations. Vote to affect foreign policy.

*There were 65 anti-immigrant bills this year. Our votes can stop these attacks. Let’s vote to make Tennessee a more welcoming place.

*Immigrants and refugees are an important part of Tennessee. By turning out on election day, we will show politicians that they must listen to immigrant and refugee voices.

What’s important to you? Why do you want to vote? Share your reason and we’ll add it to our list! Email Amelia Post at amelia@tnimmigrant.org or 615-833-0384.

http://www.tnimmigrant.org/news.php?viewStory=154

Ephesians 4:32

Well, bless Mr. Fotopolus' heart (which means in NC you will be slammed, which I will.) Isn't that special that a woman under arrest giving birth to her fourth anchor baby is suffering from police vigilance (like they are supposed to do). How dare Americans try to enforce our own laws when it is politically incorrect in international thought (or all those countries that don't give a twit about their own citizens at home but are happy to export them to the US, legally or illegally.) I also wonder the prisoners that can't read Spanish, but speak Russian (which is a new favorite of the latest brand of Mafia.) Is there a case that we are discriminating by not providing Russian notices on phones. Just a few nasty thoughts.

Stephen seems to want to spend Tennessee out of existence to support his illegal alien friends, called "immigrants," and refugees that are draining the resources of Tennessee and bringing all types of unwanted results.

(quote)

TN Employer-Sanction Laws


Current TN Law

Public Chapter 529 (in effect January 1, 200, also known as the Illegal Alien Employment Act, amends Section 50-1-103 and creates new procedures for suspending the business licenses of employers who knowingly hire undocumented workers.

The original bill sought to create a Class E felony for "recklessly" or "knowingly" hiring an undocumented immigrant. Both the House and Senate then amended the bill to make use of the Basic Pilot program mandatory, and impose fines of $10,000 for noncompliance. In the response to the AG's opinion, the Senate rewrote the bill. As passed, it clarifies the definition of "illegal alien" (previously defined as someone who "illegally entered the United States"), removes all criminal provisions for hiring undocumented workers (previously a Class B misdemeanor), and creates a process for suspension of business licenses (previous law categorically mandated permanent revocation). The bill basically restates federal I-9 requirements, with new procedures for suspending business licenses for noncompliance. (click here for fact sheet)


o It is no longer a state criminal offense to knowingly hire undocumented workers. It is a civil violation, with the following penalties:

+ 1st offense—suspension of an employer’s business license until violation is resolved (i.e. employee is fired)

+ 2nd offense—business license is suspended for one year
o Employers are protected against the state charge of knowingly hiring undocumented workers by EITHER:

+ Completing the I-9 process on all employers (as is already required by federal law); OR

+ Checking all new employees with the E-Verify (administered by US Citizenship and Immigration Services and formally known as Basic Pilot Program) within 14 days of hire. Federal guidelines require that screening must take place after employment begins and within the first 3 days after the employee starts work.

o The new TN law DOES NOT require that any employer participate in the E-Verify, and DOES NOT relieve any employer of the responsibility to comply with federal I-9 requirements.

o The new TN law DOES NOT authorize employers to screen current employers with E-Verify, which violates both federal law and the E-Verify usage agreement between employers and USCIS.

o The new TN law DOES create a process by which "any state or local governmental agency, officer, employee or entity" may file a complaint with the TN Department of Labor and Workforce Development if that person has "reason to believe" that an employer is violating the law. If the TN Department of Labor finds substantial evidence that a violation has taken place, the Department can hold a hearing to suspend an employer’s business license.



* Public Chapter 220 (in effect May 24th, 2007) creates Section 50-1-106 that prohibits the acceptance of an individual taxpayer identification number (ITIN) as a form of identification. Both House and Senate accepted an amendment from the banking lobby excluding financial institutions from the new regulations. As passed, the bill deals exclusively with using ITINs to demonstrate immigration status for employment, which is already prohibited by federal law.

*

Section 12-4-124 of Tennessee law (in effect January 1, 2007) prohibits state contractors from knowingly hiring "illegal immigrants." The law gives the Commissioner of Finance the authority to promulgate rules to ensure that state contracting procedures require state contractors to attest that they do not knowingly hire undocumented workers. (Read current TN code regarding employment of undocumented workers.) Governor Bredesen issued TN Executive Order 41 to implement this law, going beyond the intent of the law and asserting the state's authority to conduct random audits of the employee records of state contractors. It is unclear who would be conducting these audits, and whether they would violate federal law.



Federal preemption against local enforcement of immigration law

*

"The provisions of [federal law] preempt any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens." (8 U.S.C. § 1324a(h)(2)).
*

The TN Attorney General issued an opinion on May 10th, 2007, regarding SB202's provisions establishing criminal penalties for employers of undocumented workers. He found that "The terms of the explicit “Preemptionâ€

Villegas


Free education for all four children that is at least US$ 32,000 this year. For each student it is multiplied by 13. Did the professional criminal steal that much.